GARY M. DIRK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GARY M. DIRK, APPELLANT,
STATE OF FLORIDA, APPELLEE
114 So. 3d 1024
Florida District Court of Appeal, Fifth District (2012)
Positive Treatment
Cited by 3 cases
Opinion of the Court
ON REMAND
We reconsider this matter on remand from the Florida Supreme Court. See Dirk v. State, 84 So.3d 203 (Fla.2012). We affirm Dirk’s upward departure sentence, finding that any error in the trial court’s failure to apply Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), at Dirk’s resentencing was harmless error. See Galindez v. State, 955 So.2d 517 (Fla.2007). The record demonstrates beyond a reasonable doubt that a rational jury would have found that Dirk had engaged in an escalating pattern of criminal conduct. Barfield v. State, 594 So.2d 259 (Fla.1992).
AFFIRMED.
SAWAYA, TORPY and EVANDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Simmons v. State, 273 So. 3d 116 (Fla. 3d DCA 2019)
Authorities Cited
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000)
- Blakely v. Washington, 542 U.S. 296 (U.S. 2004)
- Galindez v. State, 955 So. 2d 517 (Fla. 2007)
- Tobias Barfield v. State, 594 So. 2d 259 (Fla. 1992)
- Dirk v. State, 84 So. 3d 203 (Fla. 2012)